Time For Holder to Appoint a Special Counsel to Investigate the Leaks from OPR

Powerline's Paull Mirengoff notes that the leaks of the Department of Justice's Office of Professional Responsibility's (OPR) draft report on the investigation into the enhanced interrogation memoranda of law violated boththe Department's regulations, the Privacy Act and common decency, not that the Washington Post which was complicit by publishing the leaks, seems to care.

Criminal Penalties.-- Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. [snp]

DOJ regulations make it clear that the Privacy Act's strictures apply to exactly the class of OPR records that were leaked to, and used, by the Post. (I understand that there have been some minor modifications to the regs, but none that would change the analysis here). Thus, the leaking of such documents under circumstances that violate DOJ/OPR rules would appear to be a criminal offense.

The "fairness" the Washington Post calls for is, I assume, out of the question on this issue with this administration. But is it too much to ask that the Obama-Holder Justice Department comply with the law?

It seems to me that DOJ should consider the appointment of a Special Counsel to look into this matter. Surely this is what the Democrats, and the Washington Post, would be calling for if leaks like these had occurred under a Republican adminstration.

I agree.

Powerline's Paull Mirengoff notes that the leaks of the Department of Justice's Office of Professional Responsibility's (OPR) draft report on the investigation into the enhanced interrogation memoranda of law violated boththe Department's regulations, the Privacy Act and common decency, not that the Washington Post which was complicit by publishing the leaks, seems to care.

Criminal Penalties.-- Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. [snp]

DOJ regulations make it clear that the Privacy Act's strictures apply to exactly the class of OPR records that were leaked to, and used, by the Post. (I understand that there have been some minor modifications to the regs, but none that would change the analysis here). Thus, the leaking of such documents under circumstances that violate DOJ/OPR rules would appear to be a criminal offense.

The "fairness" the Washington Post calls for is, I assume, out of the question on this issue with this administration. But is it too much to ask that the Obama-Holder Justice Department comply with the law?

It seems to me that DOJ should consider the appointment of a Special Counsel to look into this matter. Surely this is what the Democrats, and the Washington Post, would be calling for if leaks like these had occurred under a Republican adminstration.